Feb. 10.] THE NEW ZEALAND GAZETTE. 249

Damage not to be occasioned to Road or Bridge.

No person in charge of or accompanying any vehicle, or machine, or traction-engine whilst travelling or being upon any road or bridge shall negligently do, or cause or permit to be done, any act within, upon, or in connection with such vehicle, or machine, or such traction-engine, or any carriage of any description drawn or propelled by any such traction-engine, whereby or by means whereof any damage shall be done to such road or bridge.

Savings of Remedies for Injuries from Excessive Weight.

Nothing contained in these by-laws or any of them shall be held to relieve any person from any liability to which he may otherwise be subject by law in respect of injury done or damage caused by excessive weight passing along or extraordinary traffic on any road.

Penalty Clause.

Every person who shall do or cause to be done, or be concerned in doing, anything contrary to any provision of the following By-law No. 1 or By-law No. 2, or who shall omit to do anything required to be done by him by any such provision, shall be guilty of an offence against these by-laws, and shall for each such offence be liable to a penalty not exceeding £5, and, where the offence is a continuing one, to a penalty not exceeding £5 for every day or part of a day during which such offence shall continue.

BY-LAW No. 1.

Section 1.—Regulating Width of Tires.

The width of tire of any wheel of any vehicle used wholly or chiefly for the carriage of passengers (whether plying for hire or not) upon any road shall bear the following proportion to the carrying-capacity of such vehicle:—

If the carrying-capacity of the vehicle do not exceed the under-mentioned number of persons, exclusive of the driver.

Does not exceed three persons.. .. .. 1 in.
Exceeds three persons, but does not exceed five.. 1½ in.
Exceeds five persons, but does not exceed eight.. 1¾ in.
Exceeds eight persons, but does not exceed twelve 2 in.

Then the minimum width of tire of any such vehicle shall be—

(a.) The “carrying-capacity” of each such vehicle as aforesaid is to be ascertained by allowing to each passenger when seated 1 ft. 4 in. superficial, measured lengthways, of the seating-accommodation provided in or on such vehicle.

(b.) The width of the tires of the wheels of any vehicle (whether plying for hire or not) carrying goods, or produce, or merchandise of any description (other than passengers’ luggage or goods carried by vehicles used chiefly for the carriage of passengers) upon any road shall bear the following proportion to the number of animals employed to draw the same, that is to say:—

If the number of animals used to draw a vehicle having two wheels is—

One.. .. .. 2½ in. .. 1½ in.
Two.. .. .. 3 in. .. 2 in.
Three .. .. 4 in. .. 2½ in.
Four or upwards .. 6 in. .. 4 in.

If the number of animals used to draw a vehicle having four wheels is—

Two .. .. 2½ in. .. 1½ in.
Three .. .. 3 in. .. 2 in.
Four .. .. 4 in. .. 2½ in.
Five .. .. 5 in. .. 3 in.
Six or upwards .. 6 in. .. 4 in.

(c.) Only vehicles with tires of 4 in. or more shall carry 30 cwt. or upwards to each pair of wheels on any road, inclusive of the weight of the vehicle.

(d.) No person shall use, or cause or permit to be used, upon any road any vehicle having tires of less width or carrying any load of greater weight than are respectively hereinbefore prescribed.

(e.) It shall be lawful for any official employed by the Road Board and for any constable to measure the width of any tire of any vehicle when proceeding or being upon any road, and to weigh or measure any load thereon, and to count the passengers therein and thereon, and to measure the carrying-capacity of any vehicle. It shall be the duty of the driver of any vehicle to forthwith stop the same at the request of any such official or constable, and to keep the vehicle standing for such time as such official or constable shall reasonably require for the purposes aforesaid or any of them.

(f.) This section applies to vehicles whether engaged in “heavy traffic” (as hereinbefore defined) or not.

Section 2.—Regulating Traffic generally.

(a.) The driver of any vehicle which shall be on any road between the hours of sunset and sunrise shall keep a light attached or suspended from each side of such vehicle so as to be plainly visible to the driver of any vehicle proceeding along such road in a contrary direction to that in which such first-mentioned vehicle shall be going.

(b.) No person shall drive any vehicle drawn by a horse or horses at a faster pace than a walk whilst crossing any bridge exceeding 30 ft. in length.

(c.) No person shall damage any water-table on any road, or drive with a wheel in any such water-table; throw or leave any dead animal or any part thereof on any road or public place, nor throw nor leave the same on any private property within 50 ft. of any road or public place whereby an offensive smell is created.

(d.) No person shall act as driver or have the sole charge of more than one vehicle proceeding or being upon any road unless in cases where two of such vehicles and no more are drawn each by one horse only, and the horse of the hinder of such vehicles shall be attached by a sufficient rein to the back of the foremost of such vehicles.

(e.) No person shall ride or lead any horse or other animal, or drive or lead any vehicle, or cause any horse or other animal or vehicle to stand upon or along any footpath or any curb thereof, or upon, along, or across any constructed water-channel.

(f.) No person shall drive any vehicle on a road laden with any goods or material which shall project on either side more than 5 ft. from the centre of such vehicle.

(g.) No person shall drive any number of great cattle or horses exceeding fifty in number over any bridge at any one time.

(h.) This section applies to all kinds of traffic.

Section 3.—Regulating Heavy Traffic.

(a.) A yearly license-fee shall be paid to the Road Board on every vehicle or machine engaged in heavy traffic, as hereinbefore defined, on or along any road, as hereinbefore defined, in cases where timber, or logs, or firewood, or flax is or are being transported. In the case of any machine, or of a four-wheeled wagon, or other four-wheeled vehicle, or of a two-wheeled junker, the yearly license-fee shall be £24. In the case of a two-wheeled dray or other two-wheeled vehicle (not being a junker), the yearly license-fee shall be £12. Licenses under this subsection may be issued for three, six, or nine months with a proportionate reduction of the fees.

(b.) No person shall conduct, or cause or procure to be conducted, any heavy traffic on or along any road where timber, or logs, or firewood, or flax is or are being transported with or by means of any vehicle or machine until the license-fee for the current year or other period as aforesaid has been paid to the Clerk of the Road Board in respect of such vehicle or machine.

(c.) The person for the time being in charge of any vehicle or machine proceeding or being upon any road shall, whenever required by any officer of the Road Board or by any constable so to do, cause such vehicle or machine to be and remain stopped for a reasonable and sufficient time for the purpose of enabling such officer or constable to inspect, examine, and measure such vehicle or machine, and every or any part thereof, and the load being transported thereon, and the person so in charge shall permit such inspection, examination, and measurement to be made accordingly, and no person shall obstruct any such officer or constable in or about making such inspection, examination, or measurement.

(d.) Heavy traffic of all kinds shall cease during the whole of the months of May, June, July, August, and September in every year on all roads as hereinbefore defined: Provided always that it shall be lawful for the Board, by advertisement under the hand of the Clerk, and published in some newspaper circulating in the road district, from time to time to exempt any road or part of a road from the operation of this section, and every such advertisement shall take effect as part of these by-laws.

(e.) No person shall conduct, or cause or procure to be conducted, any heavy traffic on or along any road or part of a road that shall, in terms of the last-preceding section and any such advertisement as aforesaid, be for the time being closed to heavy traffic of the kind conducted.

(f.) Vehicles having oval tires are not to be used for conducting any heavy traffic on any road.

(g.) Without prejudice to the liability of any other person under subsections (b), (d), and (f) respectively, it shall be an offence against these by-laws for any person being the owner, as hereinbefore defined, of any vehicle to permit or allow the same to be used for conducting any heavy traffic contrary to either of the said subsections.

Section 4.—Licenses of Vehicles not licensed under Section 3.

(a.) A license-fee of £2 per annum shall be payable to the Clerk of the Board for and in respect of every vehicle not licensed under section 3 that shall be plied for hire for the carriage of goods of any kind on or along any road. All such fees shall be paid by the Clerk into the Board fund.